(Feb. 25, 1920, ch. 85, § 31,41 Stat. 450; Aug. 8, 1946, ch. 916, § 9,60 Stat. 956; July 29, 1954, ch. 644, § 1(7),68 Stat. 585; Pub. L. 87–822, § 1,Oct. 15, 1962, 76 Stat. 943; Pub. L. 91–245, §§ 1,
2,May 12, 1970, 84 Stat. 206; Pub. L. 97–451, title IV, § 401,Jan. 12, 1983, 96 Stat. 2462; Pub. L. 100–203, title V, §§ 5102(d)(2),
5104,Dec. 22, 1987, 101 Stat. 1330–258, 1330–259; Pub. L. 101–567, § 1,Nov. 15, 1990, 104 Stat. 2802; Pub. L. 103–437, § 11(a)(1),Nov. 2, 1994, 108 Stat. 4589; Pub. L. 109–58, title III, § 371(b),Aug. 8, 2005, 119 Stat. 734.)
References in Text
The Mineral Leasing Act for Acquired Lands, referred to in subsec. (d)(1), is act Aug. 7, 1947, ch. 513, 61 Stat. 913
, as amended, which is classified generally to chapter 7 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
2005—Subsec. (d)(2)(A), (B). Pub. L. 109–58
added subpars. (A) and (B) and struck out former subpars. (A) and (B), which related to reinstatement with respect to any lease that terminated under subsec. (b) of this section prior to Jan. 12, 1983, and reinstatement with respect to any lease that terminated under subsec. (b) of this section on or after Jan. 12, 1983.
1994—Subsec. (e). Pub. L. 103–437
substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House” in concluding provisions.
1990—Subsec. (g)(3), (4). Pub. L. 101–567
added pars. (3) and (4).
1987—Subsec. (b). Pub. L. 100–203
, § 5104, amended first sentence generally. Prior to amendment, first sentence read as follows: “Any lease issued after August 21, 1935, under the provisions of section
of this title shall be subject to cancellation by the Secretary of the Interior after thirty days’ notice upon the failure of the lessee to comply with any of the provisions of the lease, unless or until the land covered by any such lease is known to contain valuable deposits of oil or gas.”
Subsec. (h). Pub. L. 100–203
, § 5102(d)(2), substituted “section
” for “section
1983—Subsecs. (d) to (j). Pub. L. 97–451
added subsecs. (d) to (i) and redesignated former subsec. (d) as (j).
1970—Subsec. (b). Pub. L. 91–245
, § 1, inserted proviso authorizing continuance of a lease where timely paid rent is nominally deficient or miscalculated due to an error either in acreage figure stated in the lease, in any decision affecting the lease, or in a bill or decision rendered by the Secretary, except where a new lease was issued prior to May 12, 1970 or the lessee failed to pay the deficiency within the period allowed by the Secretary.
Subsec. (c). Pub. L. 91–245
, § 2, inserted provisions allowing reinstatement of a lease despite a twenty-day delay in payment of rent, made the payment of back rental accruing from the date of termination of the lease a prerequisite to such reinstatement, restricted the Secretary’s power to issue a new lease on the lands covered by the terminated lease, gave the Secretary discretion to extend the term of a reinstated lease so as to afford the lessee a reasonable opportunity to continue operations under the lease, and struck out requirement that the petition for reinstatement of any lease terminated prior to Oct. 15, 1962 be filed within 180 days after Oct. 15, 1962.
1962—Pub. L. 87–822
designated existing pars. as subsecs. (a) and (b) and added subsecs. (c) and (d).
1954—Act July 29, 1954, provided for automatic termination of a lease on failure to pay rental on or before anniversary date of lease, for any lease on which there is no well capable of producing oil or gas in paying quantities.
1946—Act Aug. 8, 1946, principally added second par. relating to cancellation of leases by Secretary of the Interior.
See note set out under section
of this title.
Reinstatement of Leases
Pub. L. 109–58
, title III, § 371(a),Aug. 8, 2005, 119 Stat. 734
, provided that:
“Notwithstanding section 31(d)(2)(B) of the Mineral Leasing Act (30
) as in effect before the effective date of this section [probably means the date of enactment of Pub. L. 109–58
, Aug. 8, 2005], and notwithstanding the amendment made by subsection (b) of this section [amending this section], the Secretary of the Interior may reinstate any oil and gas lease issued under that Act [30
et seq.] that was terminated for failure of a lessee to pay the full amount of rental on or before the anniversary date of the lease, during the period beginning on September 1, 2001, and ending on June 30, 2004, if—
“(1) not later than 120 days after the date of enactment of this Act [Aug. 8, 2005], the lessee—
“(A) files a petition for reinstatement of the lease;
“(B) complies with the conditions of section 31(e) of the Mineral Leasing Act (30
“(C) certifies that the lessee did not receive a notice of termination by the date that was 13 months before the date of termination; and
“(2) the land is available for leasing.”
Authority for Issuance of Leases Unaffected by Reinstatement of Leases
Section 2 ofPub. L. 87–822
provided that: “Nothing in this Act [amending this section] shall be construed as limiting the authority of the Secretary of the Interior to issue, during the periods in which petitions for reinstatement may be filed, oil and gas leases for any of the lands affected.”
Outer Continental Shelf; Cancellation of Leases
Cancellation of mineral leases on submerged lands of outer Continental Shelf, see sections
, Public Lands.